McComb

The second amended complaint seeks to enjoin the defendants from violating the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. More particularly, it is sought to enjoin them from violating Sections 15(a) (2) and 15(a) (5) of the Act, 29 U.S.C.A. § 215 (a) (2) and 215(a) (5), which relate to the payment of the minimum wages provided in the Act and the keeping of records required by the Act.

There is no denial that the wage scale of the defendants does not conform to the Act, — especially as it relates to the payment of overtime. None of the records required to be kept by the Administrator have been kept by the defendants.

The basis for the defendants’ resistance is the contention that they are not subject to the Act.

We are of the view that they are.

I. The Employees Are “In Commerce”

The defendants operate a publishing establishment at Hermosa Beach, Los Angeles County, California, from which they publish four beach town weekly newspapers, — the Hermosa Beach Review, the Redondo Beach Review, the Manhattan Beach Review, and the Palos Verdes Citizen. The material in these newspapers, published for contiguous cities, is, with the possible exception of an occasional legal…